Heather
Cessna won in State v. Beye, No.
105,087 (Kan. App. June 21, 2013)(unpublished), obtaining reversal of a Wilson
County drug conviction. The COA had
originally rejected Mr. Beye’s Fourth Amendment claim based on an intervening
circumstance of discovery of an arrest warrant.
The KSC remanded the case for reconsideration in light of State v. Moralez (blogged about here),
holding that discovery of an arrest warrant is of minimal importance in
attenuating the taint of an illegal arrest.
After reconsideration, the COA
applied Moralez and held that
there was no significant temporal
break. The COA also held that the
misconduct was flagrant:
Like the facts in Moralez, we find that
by keeping Beye's driver's license with no reasonable suspicion of criminal
activity, the stop was transformed to a suspicionless investigatory detention.
Accordingly, Allen acted flagrantly by conducting the warrant check. Therefore,
the third factor weighs slightly in favor of suppression here.
As a result,
the COA held that the illegal detention required suppression.
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